In some states a petition can be filed by the primary custodian to amend the current custodial order.
The usual procedure is to file a new custody suit/petition in the appropriate state court in the county where the petitioner resides.
Judges are very reluctant to grant sole custody to one parent.
It is generally granted only when the non custodial parent agrees to relinquish their parental rights or a parent is found guilty of abuse and/or neglect and/or endangerment.
You now only have physical custody, but both you and your husband have equal custody rights to the child. That means he has a right to have physical custody too, and will not get into any trouble if he physically takes the child into his care. If you are afraid he might take the child, you will need to obtain a temporary custody order, signed by a judge, to make sure you become the custodial parent. That said, depending on your husband, the longer you have physical custody of the child, the more difficult it will be for your husband to obtain legal custody should you divorce.
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